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HomeMy WebLinkAboutCity Council Resolution 2008-077CITY OF PLYMOUTH RESOLUTION 2008-077 APPROVING A VARIANCE TO ALLOW 57.7 PERCENT IMPERVIOUS SURFACE COVERAGE WHERE 25 PERCENT IS ALLOWED FOR THE CONSTRUCTION OF A 144 SQUARE FOOT PORCH ADDITION FOR PROPERTY LOCATED AT 15620 40TH AVENUE NORTH (2008004) WHEREAS, an application has been filed by Valet Building Services, which requests approval of an impervious surface coverage variance to permit constriction of a porch addition for property legally described as follows: Lot 7, Block 2, Plymouth Creek 2" a Addition, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Valet Building Services for an impervious surface coverage variance to allow constriction of a home addition for property located at 15620 40t1' Avenue North, subject to the following conditions: 1. This resolution approves a variance to allow 57.7 percent impervious surface coverage where a maximum of 25 percent is allowed, in accordance with the plans and application received by the City on January 16, 2008, except as amended by this resolution. 2. The 12 -foot -by -12 -foot porch addition shall be finished to match the existing home. 3. The impervious surface coverage variance is approved with the finding that the applicable variance standards are met. Specifically: a. The subject property is unit lot and contains 3,307 square feet, allowing for approximately 827 square feet of impervious surface coverage. However, Resolution 2008-077 (2008004) Page 2 because the property was platted as a "unit" and "base" lot subdivision, there is common land owned by the HOA that allows for storm water infiltration, including a retention pond. Therefore, the impact of the impervious surface coverage for the subject property is reduced due to the common land and storm water pond that was developed as part of the Plymouth Creels 2" a Addition. Additionally, the subject property was developed under a PUD created prior to the application of the maximum impervious surface restrictions. b. The applicant's home was constricted in 1983 and was originally part of a planned unit development (PUD). Because it was part of a PUD, design guidelines were approved different from those in the shoreland management overlay district. c. The request is not based exclusively upon a desire to increase value or income potential of the property. d. The hardship is caused by the Zoning Ordinance and has not been self-created. The existing home was constricted as part of a PUD, not according to the design guidelines in the shoreland management overlay district. e. Granting of the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. f. The variance would not impair an adequate supply of light and air to adjacent property, nor would it substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The porch addition is modest in size and represents the minimum action necessary to alleviate the hardship. 4. A building permit for the addition shall be obtained prior to construction. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21030.06 of the Zoning Ordinance. Adopted by the City Council on March 11, 2008. Resolution 2008-077 (2008004) Page 3 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on March 11, 2008, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk